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RAILROAD COM'N v. BISHOP PETROLEUM

No. 10-86-140-CV.

736 S.W.2d 724 (1987)

RAILROAD COMMISSION OF TEXAS, et al, Appellants, v. BISHOP PETROLEUM, INC., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied June 25, 1987.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Mary F. Keller, Executive Asst. Atty. Gen. for Litigation, Larry J. Laurent, Sp. Asst. Atty. Gen., Environmental and Natural Resources Group, Fernando Rodriguez, Asst. Atty. Gen., Chief, Energy Div., Diane Weidert Morris, Asst. Atty. Gen., and John W. Camp, Scott, Douglass & Luton, Austin, for appellants.

Lloyd A. Muennink and Richard B. Edgell, Law Offices of Lloyd A. Muennink, Austin, and Joe Cannon, Cannon & Simmons, Groesbeck, for appellee.

OPINION

THOMAS, Justice.

The principal question in this appeal is whether the Mineral Interest Pooling Act authorizes the Texas Railroad Commission to forcibly pool two tracts which are underlaid by deposits of oil or gas that do not fit within the definition of a "common reservoir" in section 86.002(4) of the Texas Natural Resources Code. See Tex.Nat.Res. Code Ann. § 86.002(4) (Vernon 1978). The holding is that the Commission's pooling authority...

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